Something fishy about manager’s demand
Dear Tony: I recently put in a request for some routine documents that owners are permitted to have copies of, including a copy of the air space parcel agreement and the strata management service agreement.
We understood we could be charged 25 cents per copy and included a cheque for the total amount of the copies. Before the strata manager released the documents, we were told we had to sign a confidentiality agreement. We were appalled by the agreement, as it prevented us from talking to anyone about the content of the documents and from disclosing it to any other strata owner in our building.
The manager told us this was normal practice and if we wanted the documents, we would have to sign. Something seems very fishy. Is this normal?
Geraldine J., Vancouver You are correct. Something is fishy. While there might be some provisions in the legislation to manage some documents differently, there is no provision in the Strata Property Act or Regulations that permits a strata corporation to withhold documents.
Under Section 35 of the act, the strata management company cannot add any such conditions, other than asking you to pay for the documents.
The air space parcel agreement is a public document filed in the Land Title Registry, and the strata management contract is a service contract under Section 35 of the act.
The strata corporation must provide copies of the documents within 14 days of receipt of the request, in either print or digital form, whichever you prefer.
The demand for a confidentiality agreement is not normal practice and you should notify your strata council and advise them immediately.
Only the strata council has the authority to determine if there are documents that contain personal or privileged information, and whether the information needs to be managed or protected for the best interest of the strata corporation.
There are circumstances in which a confidentiality or non-disclosure document might be required. In strata-corporation wind-up proceedings, where a strata corporation is negotiating with a buyer to confirm the details of an offer to be considered by the owners, or where there is a legal proceeding underway that requires confidentiality, there is a reasonable argument that the strata council has to act in the best interest of the strata corporation. That means acting for the interests of all owners.
This does not imply that the strata corporation has the right to withhold information, but it might require the strata corporation to release and manage the information in a different manner.
If this is the case, the strata corporation normally directs its legal representative to speak directly to the owner requesting the information to determine the best method to resolve the issue. In those circumstances, non-disclosure or confidentiality agreements might be necessary to protect privileged or proprietary information.
We know there are already reasonable restrictions within the legislation to protect everyone’s interests. For example, if a strata corporation is suing an owner, that owner is not an eligible voter and is not entitled to be present at the portion of a general meeting where the vote to commence the lawsuit is being debated or voted on. Nor is the owner entitled to be aware of the discussions or documents generated from that vote.
If your strata corporation and strata manager are not co-operating, you can obtain on order for the documents by filing a claim through the Civil Resolution Tribunal of B.C.
Go to civilresolutionbc.ca to start your claim.